HARUNA MOH'D TSAMMANI, J.C.A: (Delivering the Leading Judgment): This is an interlocutory appeal against the decision of Hon. Justice S.B. Oyewole (as he then was) sitting at Ijero-Ekiti in Suit No. HCJ/28/1992 between the Appellants and the Respondent. In the said ruling contained at pages 21 - 34 of the Record of Appeal, the learned trial Judge refused leave to the Appellants to amend their joint statement of defence dated the 24th day of November, 1992. Dissatisfied with the ruling of the lower Court, the Appellants have appealed on 5 Grounds of Appeal in the Notice of Appeal as contained in pages 43 - 45 of the record of appeal.
For a clear understanding of the issues in this appeal, I find it germane to give a brief background of the facts leading to this appeal.
The Respondent who is Plaintiff at the lower Court took out a Writ of Summons against the Appellants dated the 1st of September, 1992. He subsequently filed an 18 paragraphs statement of claim wherein he claimed for gen…